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NY A04879
Bill
Status
2/8/2011
Primary Sponsor
Naomi Rivera
Click for details
AI Summary
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Creates new Criminal Procedure Law Section 240.25 requiring prosecutors to disclose exculpatory information to defendants, defined as material evidence casting doubt on guilt, credibility of witnesses, admissibility of evidence, or supporting a defense
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Requires prosecutors to disclose exculpatory information within 28 days of arraignment on initial charging instruments and again within 21 days before trial, covering witness criminal records, prior inconsistent statements, bias, mental/physical impairments, and promised rewards or inducements
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Establishes continuing obligation for prosecutors to promptly disclose any additional exculpatory information discovered after initial disclosure deadlines
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Allows courts to impose sanctions for late or failed disclosure including time extensions, reopening pre-trial hearings, precluding evidence, jury instructions inferring undisclosed evidence was exculpatory, and referral to attorney disciplinary committees
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Requires prosecutors to inquire with assisting agencies for exculpatory information, hold disclosure conferences with courts certifying compliance, and authorizes courts to issue protective orders redacting witness identities upon reasonable safety concerns
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Adds grounds for post-conviction relief motions when prosecutors fail to provide exculpatory evidence as defined in the new section and takes effect 60 days after enactment
Legislative Description
Relates to exculpatory material and requires for disclosure of such to the defense.
Last Action
referred to codes
2/8/2011